Home Advice What’s The Difference Between a Personal Injury Claim and a Lawsuit?

What’s The Difference Between a Personal Injury Claim and a Lawsuit?

What's The Difference Between a Personal Injury Claim and a Lawsuit?
Image by Okan Caliskan from Pixabay

An accident has happened to you, and you have sustained personal injuries because of it. This accident could be a car accident, an accident that occurred at work, or an accident caused by an animal. Either way, you have decided that the injuries are bad enough that you want to take some kind of action to be compensated for them. 

There are two ways to go about taking action after sustaining personal injuries. You can either file a personal injury claim or if you cannot agree on a settlement, personal injury lawyers Bernheim Kelley Battista & Bliss recommended filing a personal injury lawsuit. A personal injury claim usually comes before taking legal action, most of the time. 

What is a Personal Injury Claim?

A personal injury claim happens after you have sustained personal injuries due to an accident and have contacted the negligent person’s insurance provider to make a claim. The reason for filing a personal injury claim with their insurance company is to get compensation losses like medical bills, property or car damage, and loss of wages caused by your personal injuries. Contacting an experienced personal injury lawyer before talking to any insurance company is highly recommended. A personal injury lawyer is highly recommended because they can advise you on what to say to the insurance company or even speak to them on your behalf. You do not want to admit blame for any part of the accident. You also want to make sure that you have received the proper medical attention and documentation. A personal injury lawyer can help you with that. 

The insurance agent’s job is to lower the amount of compensation to the least amount they can. Be sure to contact a lawyer to help you get the most compensation for your personal injuries.  

What is a Personal Injury Lawsuit?

A personal injury lawsuit, although rare, happens when your lawyer and the insurance company cannot settle on an agreed compensation. Since there is no agreement between parties, you will need to file a lawsuit, and a judge and jury will decide the amount of fair payment for your personal injuries. A personal injury lawyer can help you file the lawsuit. Filing a personal injury lawsuit and appearing in court can take several months to agree on a settlement, so you should be prepared for that eventuality. 

There are several stages to a personal injury lawsuit. 

The first step is filing the lawsuit with your personal injury lawyer’s help. Second is the discovery process, where each side gathers documentation for court. During this step, both parties can still try to agree on a settlement. The third step is mediation, where both parties try to resolve the case with help from a neutral third party. The fourth step is the trial phase, where each side makes its case. There can be several hearings, and both parties can still try to agree on a settlement at this point. The fifth step is completing the trial, where the jury will decide who has won the case. The jury also decides on fair compensation. Lastly, after the verdict is read, the losing side can file an appeal. If that happens, the trial can happen all over again. 

It is always wise to seek a professional personal injury lawyer to help you get the compensation you deserve regardless of whether you are filing a personal injury claim or a lawsuit. 

Featured Image by Okan Caliskan from Pixabay 

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